Form 6J-2: Document Requests Propounded by Plaintiff (Sample 2)
[Law Firm]
[Attorney’s Name], SBN __________
[Street Address]
[City, State, Zip]
[Telephone]
[Facsimile]
Attorneys for PLAINTIFF
Jane Doe
UNITED STATES DISTRICT COURT
________________ DISTRICT OF ________________
Jane Doe, )
) CASE NO. _______________
Plaintiff, )
) PLAINTIFF’S FIRST REQUEST TO
) CITY OF _____________ FOR PRO-
) DUCTION OF DOCUMENTS
vs. )
)
)
City of __________, a Governmental entity, )
Dana Defendant, an individual )
)
)
Defendants. )
PROPOUNDING PARTY : PLAINTIFF Jane Doe,
RESPONDING PARTY :
DEFENDANT, City of ___________
SET NO. : ONE (1)
TO DEFENDANT CITY OF __________ AND TO ITS ATTORNEYS
OF RECORD HEREIN:
REQUEST IS HEREBY MADE upon you, pursuant to Federal Rule of Civil Procedure 34, to produce to Plaintiff the documents and tangible things described below, within thirty days of service upon you. The place of inspection shall be [name and address of law firm].
INSTRUCTIONS
The following instructions are to be considered applicable to this request with respect to each document sought herein:
1. ORIGINAL DOCUMENTS
In producing these documents, you are requested to produce originals, not copies, of the documents requested. You are also requested to furnish all documents known or available to you, regardless of whether these documents are held or produced directly by you or your agent, employees, representatives, investigators, partners, or by your attorneys or their agents, employees, representatives or investigators. The documents which are sought by this request for production shall include not only those documents which are in the dominion or control of yourself, or your representatives or agents, but also those which are held by anyone on your behalf, and not merely such documents as are known to you of your own personal knowledge.
2. COPIES
If a document was prepared in several copies, or if additional copies were thereafter made, and if such copies are not identical or are no longer identical by reason of subsequent notations or modifications of any kind whatsoever, including without limitation, notations on the front and the back of the pages thereof, then each such non-identical copy is a separate document and must be produced.
3. PRIVILEGES
In the event that you seek to withhold any documents on the basis that it is properly entitled to limitation of discovery, or is subject to a Insurance Policy of privilege, please identify each such document withheld by providing the following information:
A. The date of the document;
B. The subject to which the document relates;
C. The author of the document, and the author’s address;
D. The name of the recipient, addressee, or party for whom such document was intended, and the name of all other persons to whom the document or copies thereof were furnished, as well as those to whom it, or copies thereof, became available at any time, together with the job title and address of each person so identified; and,
E. The basis for the Insurance Policy or privilege. If you assert a privilege as to any portion of any categories of materials described herein, please produce the remainder of that category as to which you do not assert a privilege.
4. LOST DOCUMENTS OR THINGS
If any document to be produced was, but is no longer in your possession and control, or is no longer in existence, state whether it is:
(1) Missing or lost, destroyed or transferred voluntarily or involuntarily to others, and if so, to whom; or how otherwise disposed of; and,
(2) For each such instance, explain the circumstances surrounding the authorization for such disposition; the person authorizing such disposition; and the date of such disposition.
5. DEFINITIONS
A. As used in this Request, the term “document” means, without limitation, the following items: printed, recorded or produced by mechanical or computer generated process, or written or produced by hand, and includes without limitation, handwritings, typewritings, printing, photostating, photographing and every other means of recording or preserving a verbatim summary or record of any form of communication or representation, including letters, words, pictures, sounds, symbols or any combination thereof and/or all transcript copies thereof; all records, reports, papers, documents, books, logs, diaries, calendars letters, notes, memoranda, agreements, communications, brochures, correspondence, telegrams, computer diskettes, copies of computer diskettes, computer print-outs in any form, summaries of records of telephone conversations, summaries of records of meetings or conferences, summaries of reports of investigations, paste-ups, lay-outs, mock-ups statements, receipts, invoices, records of account and other writings as that term is defined by Evidence Code §§250.
B. The terms “refer or relating to” mean connected with, reflecting, having an association with, depicting, illustrating, discussing, mentioning or otherwise having some direct or indirect relation to the allegations contained in Plaintiff’s Complaint in this matter.
C. “You” OR “City” shall mean and include Defendant, CITY OF __________, its agents, representatives and employees.
D. “Plaintiff” shall mean the plaintiff in this action, JANE DOE.
DOCUMENTS TO BE PRODUCED
REQUEST FOR PRODUCTION NO. 1:
All personnel files which concern, refer to and/or describe Defendant’s employee, Dana Defendant.
REQUEST FOR PRODUCTION NO. 2:
All writings which constitute or refer to YOUR files regarding the termination of plaintiff’s employment out of which this lawsuit arises.
REQUEST FOR PRODUCTION NO. 3:
All writings which constitute or refer to YOUR files regarding the qualifications, scores and job skills for the person(s) hired by You for the clerk position(s) at the City that plaintiff applied for.
REQUEST FOR PRODUCTION NO. 4:
All writings, manuals, booklets which describe, concern and/or refer to the criteria for hiring for the clerk position(s) at the City that plaintiff applied for.
REQUEST FOR PRODUCTION NO. 5:
All documents which constitute or refer to communications between YOU and any employee of the City of __________, pertaining or referring to any allegation by Plaintiff that the City treated her unfairly in regard to her employment with the City.
REQUEST FOR PRODUCTION NO. 6:
All documents which constitute or refer to communications between YOU and any third party, pertaining or referring to the Plaintiff’s job skills or qualifications.
REQUEST FOR PRODUCTION NO. 7:
All documents which constitute or refer to any contention YOU have that plaintiff has suffered no damages, in connection with her employment ending with the City, in or about [month and year].
REQUEST FOR PRODUCTION NO. 8:
Each document signed by PLAINTIFF regarding or concerning the obtaining or holding of employment with YOU (per California Labor Code section 432).
REQUEST FOR PRODUCTION NO. 9:
Any personnel or employment or other file on PLAINTIFF in which notations or comments regarding PLAINTIFF’S job performance, honesty, ability, diligence and other similar factors were recorded from [date] to present.
REQUEST FOR PRODUCTION NO. 10:
The PLAINTIFF’S application for employment with YOU, and if more than one, all applications for employment.
REQUEST FOR PRODUCTION NO. 11:
Any resume or resumes of the PLAINTIFF which YOU received from any source.
REQUEST FOR PRODUCTION NO. 12:
Any and all documents showing communications between You and any representative of XYZ, Inc., from [year] to the present pertaining or referring to Plaintiff.
REQUEST FOR PRODUCTION NO. 13:
Any and all documents showing communications between YOU and any State Official concerning PLAINTIFF.
REQUEST FOR PRODUCTION NO. 14:
All documents describing or referring to any affirmative action plans of the City, in regard to hiring of African-American employees.
REQUEST FOR PRODUCTION NO. 15:
All documents describing or referring to any hiring or promotion of African-American employees by the City, from [year] to the present.
REQUEST FOR PRODUCTION NO. 16:
Each and every written policy or procedure in effect at the time of PLAINTIFF’S termination concerning how and when YOUR employees may be disciplined, demoted or terminated.
REQUEST FOR PRODUCTION NO. 17:
Each and every document regarding the qualifications for employment as for Plaintiff’s job duties from [date] to present.
REQUEST FOR PRODUCTION NO. 18:
Documents which describe all supervisory functions of the position(s) held by Dana Defendant while working for YOU and the duties of same (i.e. job descriptions, etc.).
REQUEST FOR PRODUCTION NO. 19:
Documents which refer or constitute communications between PLAINTIFF and any supervisor or manager of the City, during PLAINTIFF’s employment with YOU, including but not limited to documentation describing or constituting organizational charts, memos, letters, e-mails and the attachments, rebuttals, explanations, complaints.
REQUEST FOR PRODUCTION NO. 20:
Any and all documents showing performance reviews or evaluations of DANA DEFENDANT during PLAINTIFF’S employment with YOU.
REQUEST FOR PRODUCTION NO. 21:
Any and all documents showing commendations or awards to PLAINTIFF during his employment with YOU, whether from the company itself, a customer, or from any source.
REQUEST FOR PRODUCTION NO. 22:
Any and all documents reflecting any e-mail sent by YOU during Plaintiff’s employment, to or concerning Plaintiff.
REQUEST FOR PRODUCTION NO. 23:
All documents which YOU believe relate to any of the allegations contained in PLAINTIFF’s instant Complaint.
REQUEST FOR PRODUCTION NO. 24:
Each and every document which YOU believe supports any and all denials of the allegations in PLAINTIFF’S instant Complaint.
REQUEST FOR PRODUCTION NO. 25:
Documents describing, summarizing or referring to conversations between or among agents or employees of YOURS regarding PLAINTIFF’S job performance.
REQUEST FOR PRODUCTION NO. 26:
Documents describing, summarizing or referring to any investigation conducted by YOU, at any time referring in any way to any employee’s allegations of discrimination against African-Americans in employment, hiring and promotion
REQUEST FOR PRODUCTION NO. 27:
Documents describing, summarizing or referring to any complaints made against you by any employee of the City, constituting or pertaining to allegations of wrongful termination or retaliation, for the period from [date] to the present.
REQUEST FOR PRODUCTION NO. 28:
Documents describing, constituting, summarizing or referring to Plaintiff’s time records as an employee of the City, for the period of [date] to present.
REQUEST FOR PRODUCTION NO. 29:
Documents describing, constituting, summarizing, supporting or referring to Your first affirmative defense to Plaintiff’s Complaint, set forth in Your Answer.
REQUEST FOR PRODUCTION NO. 30:
Documents describing, constituting, summarizing, supporting or referring to Your second affirmative defense to Plaintiff’s Complaint, set forth in Your Answer.
REQUEST FOR PRODUCTION NO. 31:
Documents describing, constituting, summarizing, supporting or referring to Your third affirmative defense to Plaintiff’s Complaint, set forth in Your Answer.
REQUEST FOR PRODUCTION NO. 32:
Documents describing, constituting, summarizing, supporting or referring to Your fourth affirmative defense to Plaintiff’s Complaint, set forth in Your Answer.
REQUEST FOR PRODUCTION NO. 33:
Documents describing, constituting, summarizing, supporting or referring to Your fifth affirmative defense to Plaintiff’s Complaint, set forth in Your Answer.
REQUEST FOR PRODUCTION NO. 34:
Documents describing, constituting, summarizing, supporting or referring to Your sixth affirmative defense to Plaintiff’s Complaint, set forth in Your Answer.
REQUEST FOR PRODUCTION NO. 35:
Documents describing, constituting, summarizing, supporting or referring to Your seventh affirmative defense to Plaintiff’s Complaint, set forth in Your Answer.
REQUEST FOR PRODUCTION NO. 36:
Documents describing, constituting, summarizing, supporting or referring to Your eighth affirmative defense to Plaintiff’s Complaint, set forth in Your Answer.
REQUEST FOR PRODUCTION NO. 37:
Documents describing, constituting, summarizing, supporting or referring to Your ninth affirmative defense to Plaintiff’s Complaint, set forth in Your Answer.
REQUEST FOR PRODUCTION NO. 38:
Documents describing, constituting, summarizing, supporting or referring to Your tenth affirmative defense to Plaintiff’s Complaint, set forth in Your Answer.
REQUEST FOR PRODUCTION NO. 39:
Documents describing, constituting, summarizing, supporting or referring to Your eleventh affirmative defense to Plaintiff’s Complaint, set forth in Your Answer.
REQUEST FOR PRODUCTION NO. 40:
Documents describing, constituting, summarizing, supporting or referring to Your twelfth affirmative defense to Plaintiff’s Complaint, set forth in Your Answer.
REQUEST FOR PRODUCTION NO. 41:
Documents describing, constituting, summarizing, supporting or referring to Your thirteenth affirmative defense to Plaintiff’s Complaint, set forth in Your Answer.
REQUEST FOR PRODUCTION NO. 42:
Documents describing, constituting, summarizing, supporting or referring to Your fourteenth affirmative defense to Plaintiff’s Complaint, set forth in Your Answer.
REQUEST FOR PRODUCTION NO. 43:
Documents describing, constituting, summarizing, supporting or referring to Your fifteenth affirmative defense to Plaintiff’s Complaint, set forth in Your Answer.
REQUEST FOR PRODUCTION NO. 44:
Documents describing, constituting, summarizing, supporting or referring to Your sixteenth affirmative defense to Plaintiff’s Complaint, set forth in Your Answer.
REQUEST FOR PRODUCTION NO. 45:
Documents describing, constituting, summarizing, supporting or referring to Your seventeenth affirmative defense to Plaintiff’s Complaint, set forth in Your Answer.
REQUEST FOR PRODUCTION NO. 46:
Documents describing, constituting, summarizing, supporting or referring to Your eighteenth affirmative defense to Plaintiff’s Complaint, set forth in Your Answer.
DATED: [NAME OF LAW FIRM]
By: ___________________________
[Attorneys’ Names]
Attorneys for Plaintiff,
Jane Doe
PLAINTIFF’S FIRST REQUEST TO CITY OF _______________ FOR PRODUCTION OF DOCUMENTS